Crimes related to violence against minors
Offences involving violence against minors encompass various acts that cause physical, moral or mental harm to persons under the age of 18. These offences are considered particularly serious offences under the Criminal Code of the Republic of Kazakhstan and are subject to strict penalties.
Article 3, paragraph 18-1, of the Criminal Code defines the category of "offences involving violence against minors" and covers acts involving physical or mental violence inflicted on persons under 18 years of age. This list includes crimes from various articles of the Criminal Code of the Republic of Kazakhstan, where the commission of violence against a minor is an aggravating circumstance.
Crimes related to violence against minors:
1. Article 99 of the Criminal Code of the Republic of Kazakhstan (Murder):
- Paragraph 14 of Part Two, Part Three - murder committed against a minor, including cases of murder with particular cruelty or motives of revenge, which is punishable by more severe measures.
2. Article 105 (Inducement to suicide, inducement to commit suicide or assistance in committing suicide):
- Part three is a crime if it is committed against a minor.
3. Article 106 (Intentional infliction of grievous bodily harm):
- Paragraph 11 of part two and part three - causing serious harm to the health of a minor.
4. Article 107 (Infliction of moderate harm to health):
- Paragraph 8 of Part Two – if the harm was caused to a minor.
5. Article 108-1 (Infliction of minor harm to health):
- Paragraph 8 of Part Two – similarly of medium severity, in relation to a minor.
6. Article 110 (Torture):
- Paragraph 1 of part one - torture of a minor.
7. Article 117 (Infection with venereal disease):
- Paragraph 2 – crime against a minor.
8. Article 119 (Leaving in danger):
- Parts two, three and four – if a person, including a minor, has been left in danger.
9. Article 125 (Kidnapping):
- Paragraphs 5 of Part Two and Part Three – kidnapping committed against a minor.
10. Article 126 (Unlawful deprivation of liberty):
- Paragraph 5 of part two and part three - if the deprivation of liberty concerns a minor.
11. Articles 127, 128 (Unlawful Placement in a Psychiatric Hospital, Human Trafficking):
- Paragraph 3 of Part Two – Use of Minor's Labor.
12. Article 133 (Involvement of a minor in the commission of anti-social actions):
- Part three – in the case of violence against a minor.
13. Articles 135 and 146 (Trafficking in minors and cruel, inhuman or degrading treatment, torture):
- In cases where the crime was committed against a minor.
Legal regulation:
- The UN Convention on the Rights of the Child, ratified by Kazakhstan, establishes the basic principles for the protection of minors from violence.
- The Law of the Republic of Kazakhstan "On the Rights of the Child" strengthens the protection of children from violence, cruel treatment and exploitation.
Regulatory resolutions of the Supreme Court of the Republic of Kazakhstan:
1. Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated April 11, 2002 No. 6. "On judicial practice in cases of criminal offenses of minors and their involvement in the commission of criminal offenses and other antisocial actions" explains the features of the qualification of such crimes, paying attention to the circumstances in which violence against a minor is an aggravating factor.
2. Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated May 11, 2007 No. 4.
"On some issues of qualification of crimes related to rape and other violent acts of a sexual nature" describes cases when violence is associated with sexual crimes, and how they are qualified depending on the age of the victim.
Crimes related to violence against minors are qualified as especially serious, especially if they are associated with physical or mental violence. The legislation of the Republic of Kazakhstan provides for serious penalties for such acts, including increased terms of imprisonment and additional penalties.
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